SB 1255 — Smartchart Network Program; renames Emergency Department Care Coordination Program, report.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E629 An Act to amend and reenact §§ 2.2-3705.5, 32.1-372, 54.1-2523, and 54.1-2525 of the Code of N Virginia, relating to Smartchart Network Program.

R O [S 1255] Approved LMarch L26, 2023 Be it enacted by the General Assembly of Virginia:

That §§ 2.2-3705.5, 32.1-372, 54.1-2523, and 54.1-2525 of the Code of Virginia are amended aEdand reenacted as follows:

D§ The2.2-3705.5. following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law.

RedactionExclusions ofto informationapplication excludedof underchapter; this section from a public record shall be conducted in accordance with § 2.2-3704.01.

1.health and social services records.

The following information contained in a public record is excluded from the mandatory disclosure provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law.

Redaction of information excluded under this section from a public rec1.

Where the person who is the subject of health records is confined in a state or local correcBionalcorrectional facility, the administrator or chief medical officer of such facility may assert such confined 2erson'sperson's right of access to the health records if the administrator or chief medical officer has reasonable cause to believe that such confined person has an infectious disease or other medical condition from which other persons so confined need to be protected.

Where the person who is the subject of health records is under the age of 18, his right of access may be asserted only by his guardian or his parent, including a noncustodial parent, unless such parent's parental rights have been terminated, a court of competent jurisdiction has restricted or denied such instancesaccess, where the person who is the subject thereof is an emancipated minor, a student in a public institution of higher education, or is a minorparent who has consentedbeen todenied hisaccess ownto treatment as authorized by § 16.1-338 or 54.1-2969, the righthealth ofrecord accessin mayaccordance bewith asserted§ by20-124.6. the subject person.

In instances where the person who is the subject thereof is an emancipated minor, a student in a public institution of higher education, or is a minor who has consented to his own treatment as authorized by § 16.1-338 or 54.1-2969, the right of access may be asserted by the subject person.

Applications for admission to examinations or for licensure and scoring records maintained by the informationDepartment requiredof toHealth beProfessions providedor toany theboard Departmentin ofthat Healthdepartment Professionson byindividual certainlicensees licenseesicants;or applicants;

information required to be provided to the Department of Health Professions by certain licensees pursuant to § 54.1-2506.1;

and3. Chapter 1 (§ 63.2-100 et seq.) of Title 63.2 and information and statistical registries required to be kept confidential pursuant to Chapter 1 (§ 63.2-100 et seq.) of Title 63.2.

Reports, documentary evidence, and other information as specified in §§ 51.5-122 and 51.5-184 and Chapter 1 (§ 63.2-100 et seq.) of Title 63.2 and information and statistical registries required to be kept confidential pursuant to Chapter 1 (§ 63.2-100 et seq.) of Title 63.2.

other correspondence and information furnished in confidence to the Department of Social Services in connection with an active investigation of an applicant or licensee pursuant to Chapters 17 (§ 63.2-1700 et seq.) and 18 (§ 63.2-1800 et seq.) of Title 63.2;

and information furnished to the Office of the Attorney General in connection with anseq.)an of investigation or litigation pursuant to Article 19.1 (§ 8.01-216.1 et seq.) of Chapter 3 of Title 8.01 and of 6 Chapter 9 (§ 32.1-310 et seq.) of Title 32.1.

However, nothing in this subdivision shall prevent the disclosure of information from the records of completed investigations in a form that does not reveal the of 5 identity of complainants, persons supplying information, or other individuals involved in the investigation.

Information held by the State Health Commissioner relating to the health of any person subject to an order of quarantine or an order of isolation pursuant to Article 3.02 (§ 32.1-48.05 et seq.) of Chapter 2 of Title 32.1.

of 6 B.

E 1.

Receives real-time patient visit information from, and shares such information with, every hospital emergency department in the Commonwealth through integrations that enable receiving information from and delivering information into electronic health records systems utilized by such hospital emeRgencyemergency of 5 departments hospitals;

health2. care data exchange contracts that to ensure that the secure and reliable exchange of patiented information fully complies in compliance with the patient privacy and security requirements of L applicable state and federal laws and regulations, including the Health Insurance Portability and Accountability Act (42 U.S.C.

Requires that all participants in the Program share patient information and have fully executed health care data exchange contracts that to ensure that the secure and reliable exchange of patient information fully complies in compliance with the patient privacy and security requirements of applicable state and federal laws and regulations, including the Health Insurance Portability and Accountability Act (42 U.S.C.

L 3.

Enables health care providers, health care entities, and insurance carriers to access infErmationinformation necessary to evaluate and monitor the care and treatment of a patient in accordance with the patient privacy and security requirements of applicable state and federal laws and regulations, including the Health Insurance Portability and Accountability Act (42 U.S.C.

Allows hospital emergency departments health care providers in the Commonwealth to receive real-time alerts triggered by analytics to identify patient-specific risks, to create and share care coordination plans and other care recommendations, and to access other clinically beneficial information related to patients receiving health care services in hospital emergency departments in the Commonwealth, including strategies and methods to continue to improve care coordination in hospital emergency departments and reduce the frequency of visits by high-volume emergency department S utilizers;

1 4.

Provides a patient's designated primary care physician and supporting clinical and car5care management personnel with treatment and care coordination information about a patient receivingEhealthreceiving health care services in a hospital emergency department in the Commonwealth, including care plans, labRlab results, images, and hospital admissions, transfers, and discharges;

Provides a patient's designated managed care organization and supporting clinical and care management personnel with care coordination plans, lab results, images, and discharge and other treatment and care coordination information about a member receiving health care services in a hospital emergency department in the Commonwealth;

The Commissioner shall enter into a contract with a third party to create, operate, maintain, or administer the Program in accordance with this section, which shall include provisions for the protection of patient privacy and data security pursuant to state and federal law and regulations, including the Health Insurance Portability and Accountability Act (42 U.S.C.

The third-partygthird-party the contractor shall establish an advisory council continue and rename the Emergency Department Care Coordination Advisory Council established by Chapter 836 of the Acts of Assembly of 2017 as the Smartchart Network Program Advisory Council (the Advisory Council), which shall consist of representatives of the Department, the Department of Medical Assistance Services, the Department of Health Professions, the Virginia Hospital and Healthcare Association, the Virginia Association of Health Plans, the Medical Society of Virginia, the Virginia College of Emergency Physicians, the Virginia Chapter of the American Academy of Pediatricians, and the Virginia Academy of Family Physicians, to advise the Commissioner and the third-party contractor regarding the establishment and operation of the ProTheProgram, Advisorychanges Council established pursuant to this subsection shall continue to ensure that information is shared among emergency departments throughout the CommonwealthProgram, and alloutcome hospitalsmeasures operatingfor emergency departments in the Commonwealth,Program. all Medicaid managed care contracted health plans, the state employee health insurance plan, all Medicare plans operating in the Commonwealth, and all commercial plans operating in the Commonwealth, excluding ERISA plans, and shall participate in the emergency department information exchange program to continue to improve care coordination in hospital emergency departments and reduce the frequency of visits by high-volume emergency department utilizers.

The Advisory Council established pursuant to this subsection shall continue to ensure that information is shared among emergency departments throughout the Commonwealth and all hospitals operating emergency departments in the Commonwealth, all Medicaid managed care contracted health plans, the state employee health insurance plan, all Medicare plans operating in the Commonwealth, and all commercial plans operating in the Commonwealth, excluding ERISA plans, and shall participate in the emergency department information exchange program to continue to improve care coordination in hospital emergency departments and reduce the frequency of visits by high-volume emergency department utilizers.

Director.-2523.§ 54.1-2523.

discretionary authority of A.Director.

AllA. data, records, and reports relating to the prescribing and dispensing of covered substances to of 6 recipients and any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring Program pursuant to this chapter and any material relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 2 of § 2.2-3705.5.

All data, records, and reports relating to the prescribing and dispensing of covered substances to recipients and any abstracts from such data, records, and reports that are in the possession of the Prescription Monitoring Program pursuant to this chapter and any material relating to the operation or security of the program shall be confidential and shall be exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.) pursuant to subdivision 2 of § 2.2-3705.5.

of 5 B.

Information relevant to an investigation relating to a specific dispenser or prescriber who is a participating provider in the Virginia Medicaid program or information relevant to an investigation relating to a specific recipient who is currently eligible for and receiving or who has been eligible for of 6 and has received medical assistance services to the Medicaid Fraud Control Unit of the Office of the Attorney General or to designated employees of the Department of Medical Assistance Services, aEas appropriate.

R 7.